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Section 84(12) Of Electoral Act 2022: APPEAL COURT DISMISSES JUDGEMENT OF HIGH COURT

••SAYS PLAINTIFF LACKS LOCUS STANDI


The Court of Appeal in Abuja, Wednesday quashed the judgment of the Federal High Court, Umuahia that annulled the provision of Section 84(12) of the Electoral Act 2022, saying the court lacked jurisdiction while the plaintiff lacked locus standi.


According to the Appeal court in a three-man judgment led by Justice Hamma Akawu Barka, the Federal High Court Umuahia had no jurisdiction to have entertained the case because the plaintiff; Nduka Edede, lacked the locus standi to have filed the suit in the first place.


According to the Appeal court, the plaintiff failed to establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.


The Court of Appeal however struck out the suit marked: FHC/UM/CS/26/2022 filed by Edede at the Umuahia court holding that the provision is unconstitutional.


According to the judges, it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.


The judgment was on the appeal marked: CA/OW/87/2022 filed by the PDP.

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